The Delhi High Court has recognized "Boroline" as a well-known trademark under the Trade Marks Act, noting its association with the antiseptic ayurvedic cream it represents.

“There is no denying the fact that “BOROLINE” has attained the status of a household name, and is one of the oldest trademarks, which has been in continuous use, preceding the independence of India,” Justice Mini Pushkarna said.

The court instructed the Registrar of Trademarks to include "Boroline" in the list of well-known trademarks, contingent upon G. D. Pharmaceuticals, the company behind the product, fulfilling the necessary formalities.

The court issued a permanent injunction against Cento Products, prohibiting the company from manufacturing, selling, or advertising products under the name "BOROBEAUTY," which is similar to "Boroline."

“The duration of the use of the trademark “BOROLINE”, can be gauged from the document showing the advertisement of the product under the mark “BOROLINE”, as occurring in newspaper on 15th August, 1947, the day, our Country attained Independence,” the court noted.

GD Pharmaceuticals filed a lawsuit in 2019 against Cento Products, alleging that the latter's use of the mark "BOROBEAUTY" was deceptively similar to its registered trademark "BOROLINE." GD Pharmaceuticals expressed concerns about the imitation of its distinctive trade dress, characterized by a dark green tube with an octagonal black cap.

The court ordered Cento Products to alter both its trade dress and trademark to ensure they are entirely distinct and different from the well-known trademark and trade dress of Boroline.

“The defendant shall not use the trade dress of dark green colour, which is used by the plaintiff. Further, the defendant shall adopt a new trade name, which would not include the prefix „BORO‟ and would not be similar to the trademark of the plaintiff, "BOROLINE‟,” the court said.

Given the prolonged pendency of the suit, the court directed the defendant company to pay Rs. 2 lakhs in costs to Boroline.

Case Title: G.D. PHARMACEUTICALS PRIVATE LIMITED v. M/S CENTO PRODUCTS (INDIA)